Photo: Tesla
When Tesla released FSD access, it selected a few to “test” the system. This early access became a sort of distinction to put them higher in the “Tesla community” hierarchy. Vice discovered that this medal came with a cost: the obligation to sign an NDA (non-disclosure agreement) with the clear objective to present the beta software as something better than it actually is.
These customers were part of what Tesla calls EAP (Early Access Program). According to Vice, the NDA forbids EAP members to speak with the press or even give media members a ride when FSD is operating. Just like the FSD Beta's legal disclaimer puts the blame for eventual crashes on the driver, the NDA puts the responsibility for bad articles on these Tesla fans: they would be the ones in charge of not letting “them mischaracterize your feedback and media posts.”
Tesla’s NDA would also say that EAP members have to share info about FSD “selectively.” Either they should shoot fewer videos about the system or share “only the ones that you think are interesting or worthy of being shared.” All that would be based on protecting the company from “a lot of people that want Tesla to fail” – as if that was even possible with the world’s most valuable carmaker.
As the Vice article clarifies, these Tesla fans do not only want to lose their VIP badge and access to YouTube videos that may get millions of views. The brand became part of their identity and their investments, each of which cannot explain on its own the loyalty they devote to the company. Presenting any bad aspect related to Tesla's practices would cast them away from the group.
FSD Beta spreading to more Tesla customers apart from the “chosen ones” is a danger multiple people are not willing to let happen without a fight. David Zipper accused NHTSA of allowing Tesla to make the American traffic become a Tesla experiment and to include everyone involved in it, whether they accepted it or not.
Philip Kooman and William H. Widen wrote a text for “Jurist” urging the U.S. Department of Transportation to classify FSD Beta as a Level 4 program because of its “actual design intent.” In other words, the autonomous vehicle safety expert and the University of Miami School of Law professor said that Tesla designed the software to be “Full Self-Driving.” Delivering that or not relates to being beta software or a mature solution already, which it isn’t.
Tesla states FSD Beta is Level 2, which exempts it from asking for authorization for tests on public roads. However, both the company and Elon Musk have repeatedly said “the car drives itself,” which is not valid: no vehicle for sale nowadays has this capability.
By trying to “move fast and break things” with FSD Beta, Musk and Tesla may have forced their luck and brought even more awareness to what its software may cause if it actually breaks things in traffic. Whether NHTSA and the Department of Transportation will keep watching or do anything is the answer the public wants to get.
Tesla’s NDA would also say that EAP members have to share info about FSD “selectively.” Either they should shoot fewer videos about the system or share “only the ones that you think are interesting or worthy of being shared.” All that would be based on protecting the company from “a lot of people that want Tesla to fail” – as if that was even possible with the world’s most valuable carmaker.
As the Vice article clarifies, these Tesla fans do not only want to lose their VIP badge and access to YouTube videos that may get millions of views. The brand became part of their identity and their investments, each of which cannot explain on its own the loyalty they devote to the company. Presenting any bad aspect related to Tesla's practices would cast them away from the group.
FSD Beta spreading to more Tesla customers apart from the “chosen ones” is a danger multiple people are not willing to let happen without a fight. David Zipper accused NHTSA of allowing Tesla to make the American traffic become a Tesla experiment and to include everyone involved in it, whether they accepted it or not.
Philip Kooman and William H. Widen wrote a text for “Jurist” urging the U.S. Department of Transportation to classify FSD Beta as a Level 4 program because of its “actual design intent.” In other words, the autonomous vehicle safety expert and the University of Miami School of Law professor said that Tesla designed the software to be “Full Self-Driving.” Delivering that or not relates to being beta software or a mature solution already, which it isn’t.
Tesla states FSD Beta is Level 2, which exempts it from asking for authorization for tests on public roads. However, both the company and Elon Musk have repeatedly said “the car drives itself,” which is not valid: no vehicle for sale nowadays has this capability.
By trying to “move fast and break things” with FSD Beta, Musk and Tesla may have forced their luck and brought even more awareness to what its software may cause if it actually breaks things in traffic. Whether NHTSA and the Department of Transportation will keep watching or do anything is the answer the public wants to get.
Based on our analysis, we urge Departments of Transportation around the United States to consider classifying the FSD Beta release as an SAE Level 4 program, with applicable regulatory and operational guidance applied accordingly. 1/https://t.co/vOfoLvaHJG
— Philip Koopman (@PhilKoopman) September 27, 2021
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